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Criminal Miscellaneous No. 1335-B of 1981, decided on 14th June. 1981

-- S. 497/498-Bail-Question of participation of petitioner in offence being one inviting further inquiry---Even otherwise many persons implicated as co-accused without any specific overt acts being attributed to them---Question whether all or some of them so present and, if so, united in common intention, held, a matter calling for further inquiry-Bail granted in circumstances.

Ch. Muhammad Abdul Salim for Petitioner

M. D. Chaudhry for the State.

This is a petition under sections 497/498, Cr. P. C. by Muhammad Aslam, petitioner, for bail in respect of a case instituted against him and twelve others under section 302/307/452/440/148/149, P. P. C. at Police Station Dinga on 23rd August, 1980.

2. The brief facts of the case have already been detailed by me in Criminal Miscellaneous No. 399/B of 1981, which may be treated as a part of this matter.

3. I have heard the arguments of the learned counsel for the petitioner and the State and have also perused the record. Muhammad Aslam, petitioner, was found innocent during the special investigation conducted by the D. S. P., Gujrat after the challan had been filed and his name was thereafter transferred from column No. 3 to column No. 2 in the challan. In the said investigation, the D. S. P. found that the petitioner had not participated in the occurrence, but that since the other accused had climbed up the roof of his house in order to fire into the house of Mushtaq P. W. in order to injure him, they bad falsely implicated him. It is true that in the F. I. R. the petitioner alongwith Pervaiz, Muhammad Ashraf son of Raja and Muhammad Aslam son of Shah Muhammad, duly armed with gun, rifle and revolver, are imputed to have first fired at Shan injured P. W. and later at the deceased, but I am inclined to accept the version of the D. S. P., Gujrat, in the present case and to treat the question of his participation as one inviting further inquiry. Even otherwise, many persons are implicated as co-accused without any specific overt acts attributed to them The question whether all or some of them were so present and, if so, were united in common intention are matters which call for further inquiry.

4. In view of the above, this petition is accepted and Muhammad Aslam son of Fateh Muhammad, petitioner, is admitted to bail, subject to his furnishing security in the sum of Rupees twenty thousand (Rs. 20,000) with two sureties each in the like amount to the satisfaction of the Assistant Commissioner, Kharian.

Bail granted.

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